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PEOPLE v. RIVERA

249 A.D.2d 141 (1998)

672 N.Y.S.2d 32

The People of the State of New York, Respondent, v. Ernesto Rivera, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 21, 1998

The court correctly found that defendant was not entitled to a missing witness charge with respect to one of the three eyewitnesses to the robbery, because the uncalled witness was unavailable and because his testimony would have been cumulative. Since this witness identified defendant from a photo array and at a lineup and the same procedures were employed as with the other two eyewitnesses, one of whom identified defendant from...

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